Can a Presiding Officer Handle a Sexual Harassment Inquiry Alone? Seeking Guidance on IC Protocols

Learning Lesson Series from Kritarth Consulting. Lesson-2.

Can IC Presiding Officer Commence, Conduct & Complete Inquiry into Sexual Harassment Complaint without associating other 3 Members of Internal Committee?

I serve as a Member (External) of Internal Committees PAN India and came across a tricky or ticklish case where the IC Presiding Officer, single-handedly, conducted and completed an inquiry into a sexual harassment complaint from a woman employee-complainant without involving the other three members of the Internal Committee constituted at the workplace.

Thereafter, she emailed copies of the inquiry report with her findings to the employer/establishment head, with copies also emailed to the other three members of the Internal Committee who were neither informed about the inquiry date, time, and place nor were asked to attend the inquiry. The moot points are:

1. Whether the IC Presiding Officer acted lawfully, ethically, or morally by not involving the other three members in the inquiry.
2. Whether the employer should accept, admit, and act upon a one-member inquiry report.
3. Whether the inquiry report is infructuous, invalid, perverse, hence null and void.

I request members' guidance, which will contribute to knowledge-sharing and ensure all the ICs are doing the right things right, the first time, every time.

Harsh Kumar Sharan,

Spl Educator POSH Programs & Serving Member (External)

Kritarth Consulting Pvt Ltd

Our Blog: https://holistichr.blogspot.com/

23.6.2020

Dear Harsh Kumar Sharan,

I am once again happy to reply to you as follows:

In the POSH Act, it is the committee and not any of its members individually who is empowered to initiate the inquiry. The Presiding Officer is the Chairperson. She is a leader, and the members of the committee should act under her guidance. She cannot act alone; it is a general rule that any committee must act based on consensus. The actions of the Presiding Officer in the case you described are not in consensus, hence they are wrong and not justifiable.

Furthermore, I wish to mention that the external member is expected to ensure that the proceedings are conducted according to the principles of natural justice, provide advice, and make efforts to coordinate with other IC members.

Thank you.